Maine Wills

1640-1760

The Will of Samuel Libby

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 From York County Probate Records, Volume Nine (1743-58)

   In the Name of God Amen.

   The Sixth Day of April in the year of Our Lord 1754, I Samuel Libbee of Scarborô in the County of York in New England Yeoman being Sick & weak in Body but of perfect Mind & Memory, Thanks be given unto God. therefore calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die. Do make and ordain this my last Will & Testament, that is to Say, principally & first of all, I give & recomend my Soul into ye Hands of God that gave it, hoping thrô the Merits Death and Passion of my Saviour Jesus Christ to have full and free Pardon & forgiveness of all my Sins, and to inherit everlasting Life; And my Body I commit to the Earth to be decently buried at the Discretion of my Executor hereafter named, nothing doubting but at the General Resurrection I Shall receive the Same again by the mighty Power of God. And as touching Such worldly Estate wherewith it hath pleased God to bless me in this Life, I give & dispose of the Same in the following Manner & Form, that is to Say,

   First I will that all those Debts & Duties as I do owe in Right or Conscience to any person or persons whatsoever Shall be well & truly paid or ordained to be paid in convenient time after my Decease by my Executor hereafter named.

   Item. I give & bequeath to Mary my dearly & well beloved Wife the One third of the Income of this Farm whereon I now live, during her natural Life, and likewise one Chamber and one lower Room in the House which She Shall choose, with all the Household Goods to be disposed of by her amongst her Children as She Shall think best, And likewise Four Thousand of Boards yearly out of my Mill during her Life to be paid by them that improve Said Mill, & three Cows & Six Sheep, & one yoke of oxen.

   Item. I give to my Son Samuel Libbee One Hundred & ten Acres of Land that I bought of William Cotton, with Ten Acres more that I laid out adjoining to the Same, And one half of my Land and Meadow at Nonesuch River, And one half of that piece of Land adjoining to Martyn Jose's Land where Said Iose now lives. And one half of my part of that Land that I bought of Benja Hartford. And also one half of my Negro Man Nimrod to be Sold or to work for him one half of his time as he and his Brother can agree.

   Item. I give to my Son Enoch Libbee my Homestead both Land & Marsh, excepting the three Acres of Marsh that I bought of Martyn Jose, as also my part of the Saw mill. And one half of my Land & Meadow at Nonesuch River. And one half of that piece of Land adjoining to Martyn Jose's Land where Said Iose now lives. And one half of my part of that Land I bought of Benja Hartford. Also one half of my Negro man Nimrod to be Sold or to work for him one half of his time as he & his Brother can agree. And that piece of Land I bought of Joseph Munson. But the pine Timber upon each particular parcel of Land to be equally divided between these my two Sons; And all my Debts that are owing to me, as also all my Stock of Cattle that I have on my Farm I give to this my Son Enoch

   Item, I give to my Daughter Mary Waterhouse ye Thatch Bed adjoining to her Husbands Marsh, and likewise thirty four pounds Six Shillings & eight pence lawful Money to be paid in Household Goods or in Cattle by my Son Enoch Libbee, within two years after my Decease, to be paid her in either of the above Species as She Shall chuse.

   Item, I give to my Daughter Olive Smith twenty one pounds lawful Money to be paid in Household Goods or in Cattle by my Son Enoch Libbee, within two years after my Decease to be paid her in either of ye abovesd Species that She chuses.

   Item, I give to my Daughter Abigail Graffam & her Heirs that three Acres of marsh that I bought of Martyn Jose & likewise thirty four pounds Six Shillings & eight pence lawful money to be paid her in Household Goods or in Cattle by my Son Enoch within two years after my Decease, to be paid her in either of the abovesd Species that she chuses.

   Now these my two Sons Samuel & Enoch Libbee I likewise constitute make & ordain my Executors of this my last Will and Testament. And I do hereby utterly disallow revoke and disannul all & every other former Testaments Wills Legacys Bequests & Executors by me before this time named. Ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & year above written

Signed Sealed published pronounced
   & declared by the Said Saml Libby
   as his last Will & Testament in
   presence of us the Subscribers
   Nathaniel Harmon
   Edward Milliken junr
   Martyn Jose
Samuel Libby (Seal)
   Probated 8 July 1754. Inventory returned 22 July 1754, at £923: 2: 8, additional Inventory returned at same time, of £135: 2: 8, Nathl Harmon, Martyn Jose and John Fabyan, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 730, citing Probate Office, 9, 37.

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